Twin's DNA and Paternity Testing

LMNOP · #1 11-07-2006, 05:57 PM

i hope i am in the right place 4 this poblem, my husband has twin bro and he rape me in 2004. then i found i was prenant. then my man was kill in drunk driver crash in feb. 2005. Two monts after my hubsnd die my baby is bron. Me and my baby needs some suport . can i sue drunk driver for my baby daddy getting kilt even tho iIm not so shur that his twin is not the daddy? can i make the twin pay child suport? my baby is bron in tennnese and my man die there thats where i live too. my friend say that Dna of twins is the same. is that the true? how can i find owt my baby daddy for real? and what can i do to drunk driver? thank u

deadlock · #2 11-07-2006, 06:27 PM

Quoting LMNOP

i hope i am in the right place 4 this poblem, my husband has twin bro and he rape me in 2004. then i found i was prenant. then my man was kill in drunk driver crash in feb. 2005. Two monts after my hubsnd die my baby is bron. Me and my baby needs some suport . can i sue drunk driver for my baby daddy getting kilt even tho iIm not so shur that his twin is not the daddy? can i make the twin pay child suport? my baby is bron in tennnese and my man die there thats where i live too. my friend say that Dna of twins is the same. is that the true? how can i find owt my baby daddy for real? and what can i do to drunk driver? thank u

In order to establish paternity, if the father is missing a sibling can provide a specimen to establish that missing person is the father. I doubt that his twin brother can be identified as the baby's "real" father. If he knows that the baby is possibly his child he may want to be responsible as father. If not maybe there are other relatives who can help.

I doubt that you can sue the person at fault if that was not an option after your husband died. If the drunk driver was at fault for the accident, was he charged with vehicular homocide?

rmet4nzkx · #3 11-07-2006, 06:54 PM

If you were married and the child is born of the marriage or within 10 months of it, then your child will be entitled to social security survivors benefits and there is no need for a DNA test.

If you want to prove paternity and collect child support because the twin brother raped you, then you would file to establish paternity, he would be tested and ordered to pay child support, if he proves to be the father. The coroner should still have samples of your husband's DNA if that is needed to distinguish between the two twin brothers if they are NOT identical.

DNA for identical twins is a problem because they share DNA, however, faternal twins would be the same as testing with any other sibling.

If the drunk driver was at fault contact your insurance company or a personal injury attorney.

deadlock · #4 11-07-2006, 07:14 PM

You may find it more helpful to contact the police department where the accident was filed and get a copy. Are you able to go to the court and speak to the public defender's office?

If not there are some websites that might be helpful.

tinykim · #5 11-07-2006, 07:19 PM

First, I am sorry for your loss.

I watch a lot of the forensics shows and it is my understanding that identical twins share the same genotype DNA profile but can be identified using phenotype profiles, which are physical traits. Their fingerprints can differ or one will grow a little taller than the other or they can have a "mirror image" moles.

As for a possible lawsuit, you may be able to file a wrongful death suit if the driver is guilty of vehicular homicide or some other form of negligence. You didn't say whether your husband was a pedestrian or an innocent driver. If the child is proven to your husband's, you can also sue on his behalf.

I thought that a child born during a marriage was presumed to be the product of that union. Has that law changed, anybody?

rmet4nzkx · #6 11-07-2006, 07:25 PM

The only reason to prove paternity is to charge/convict the twin brother with rape, otherwise the child is entitled to the rights and benefits as child of the deceased.
I am having some trouble resisting putting out a K-Dar alert.

aaron · #7 11-07-2006, 07:59 PM

With identical twins, I doubt that phenotype would be helpful - Is there a Lamarckian paternity test? There may be the possibility of determining parentage through mitochondrial DNA, but I don't know specifically of any such paternity tests.

If you delegitimize the child, the child won't be eligible for Social Security survivor benefits, and won't be eligible to bring a wrongful death action over the loss of a parent. If you are interested in pursuing litigation against the drunk driver, you should consult a local personal injury lawyer.

deadlock · #8 11-07-2006, 08:07 PM

Quoting aaron

With identical twins, I doubt that phenotype would be helpful - Is there a Lamarckian paternity test? There may be the possibility of determining parentage through mitochondrial DNA, but I don't know specifically of any such paternity tests.

If you delegitimize the child, the child won't be eligible for Social Security survivor benefits, and won't be eligible to bring a wrongful death action over the loss of a parent. If you are interested in pursuing litigation against the drunk driver, you should consult a local personal injury lawyer.

Thanks, Aaron. I found this site
http://www.hsc.unt.edu/departments/p...my/dna/faq.htm but I think you've given her good advice. Hopefully she will come back to read it.

tinykim · #9 11-07-2006, 08:12 PM

[COLOR="Red"]K-DAR?[/COLOR]

OK, I'll bite. What does that mean? Please explain it for "LMNOP" (and me!). She is having enough trouble with knowing how to handle her situation without being even more confused. Enlighten me, please.

As for the my little "phenotype" contribution, I know that pathologists use that method in the case of identical DNA because no twin is really identical, especially when full grown. Certain environmental factors will mark one or both of them in very different manners. Like one may have fallen and scarred his knee while the other suffered a stress factor in the ankle. Or one pierced his eyebrow (OUCH!!) while another tattooed his first love's name on his forearm. i saw an episode on one of these true crime shows where that was the only way that scientists could distinguish a "good" law-abiding twin from his "bad" career criminal brother. The only DNA evidence left on the scene was spermatazoa.

I think this is a very case with very complex facts, combined with a person who may have problems understanding the justice system. I would advise that she definitely seek the counsel of a personal injury attorney and the Social Security Administration. But, do you think that she should bring in the rape and all of that? Just asking, folks....don't jump down my throat!!

I'm just trying to make this as easy as possible for "LMNOP"......